(a) Applicability. The provisions of this section shall apply to uses, structures, and lots that were legally existing as of the effective date of this Code, December 31, 1999, but that become non-conforming as the result of the application of this Code to them or from reclassification of the property under any subsequent amendments to this Code.
(b) Purpose. It is the general policy of the City of Hudson to allow nonconforming uses, structures, or lots to continue to exist and to be put to productive use. However, it is also the general policy of the City to bring as many aspects of such nonconformities into conformance with this Code as is reasonably practicable, all subject to the limitations of this section. The limitations of this section are intended to recognize the interests of property owners in continuing to use their property but to reasonably control expansions, reestablishment of discontinued uses, and the re-establishment of nonconforming buildings and structures that have been substantially destroyed.
(c) Authority to Continue. Nonconformities shall be allowed to continue in accordance with the requirements of this section.
(d) Repairs and Maintenance. Repairs and normal maintenance required to keep nonconforming uses and structures in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this section or required by law or ordinance.
(e) Nonconforming Uses. Nonconforming uses shall be subject to the following standards:
(1) Enlargement. A nonconforming use may be enlarged, increased, or extended beyond the area it occupied as of the effective date of this Code, December 31, 1999, provided that the Board of Zoning and Building Appeals, pursuant to the procedure set forth in Section 1203.06
, finds all of the following:
A. The enlargement will not interfere with the operation of conforming uses in the district or with circulation on adjacent public streets;
B. The enlargement will cause no greater adverse impacts on surrounding properties than did the original nonconforming use; and
C. Increases and enlargements do not exceed twenty-five percent of the area that the nonconforming use occupied as of the effective date of this Code, or except as division (e)(1)D. of this section.
D. Increases and enlargements do not exceed 150 percent of the area within the existing exterior walls of the building that the nonconforming use occupied and said use and building existed as of the effective date of this Code.
(2) Relocation. No nonconforming use shall be moved in whole or in part from its original location as of the effective date of this Code to any other part of such parcel, building, structure, or to another lot except in compliance with this Code.
(3) Discontinuance and abandonment.
A. If a nonconforming use is voluntarily discontinued for a period of twenty-four consecutive months or more, any use of the property thereafter shall be in conformance with regulations and provisions set by this Code for the district in which such property is located.
B. Discontinuance of a nonconforming use may be indicated by non-use and the removal of either stock-in-trade or substantially all equipment, fittings, or furniture needed to operate the use.
(4) Damage or destruction.
A. Except as otherwise expressly permitted in division (e)(4)B. of this section, if any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than fifty percent of its fair market value prior to the destruction, such use shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning and Building Appeal, which may, if necessary, consult with a City-appointed appraiser.
B. A structure devoted solely to a nonconforming single-family dwelling or two-family residential use that is damaged or destroyed by fire, earthquake or other act of God, may be reconstructed so as not to exceed 110 percent of the gross floor area of the previous structure as used before such event of damage or destruction. All reconstruction of the structure must be completed within two years following the event of damage or destruction, shall not increase the degree of nonconformance or noncompliance existing prior to such damage or destruction, and shall otherwise be in conformance with this Code.
(5) Change in use/substitution.
A. The Board of Zoning and Building Appeals may permit a nonconforming use to be changed to a second non-conforming use provided that the new use shall be of the same general character or of a character less intensive than the original nonconforming use and provided the new use will result in equal or less impact on the surrounding community and district.
B. A nonconforming use that changes to a conforming use or to a second nonconforming use as set forth in division (e)(5)A. of this section may not thereafter revert to the original nonconforming use.
(6) Accessory uses. No use that is accessory to a principal nonconforming use shall continue after such principal nonconforming use ceases or terminates.
(7) Nonconforming as to parking.
A. Nonconformity as to off-street parking or loading shall not render a use subject to the conditions of this section.
B. A use that is nonconforming as to off-street parking or loading shall not be changed to another use requiring more off-street parking or loading unless the additional required parking or loading is provided.
C. The Board of Zoning and Building Appeals may permit a nonconforming use to provide off-street parking or loading on a lot other than the lot on which the use is located.
(f) Nonconforming Structures. A nonconforming structure as more fully defined in Chapter 1213
includes a structure lawful prior to the Land Development Code, but which fails to meet setback, height, or other site development requirements of this Code. Nonconforming structures other than those which nonconformity is created by size of use limitations listed by uses by right and conditional uses of each zoning district of Chapter 1205
shall be subject to the following standards:
(1) Enlargement.
A. A nonconforming structure may be expanded without approval from the BZBA provided the proposed expansion does not exceed fifty percent of the existing footprint and:
1. The expansion does not increase the degree of nonconformity; or
2. The extension of a structure which is nonconforming due to side yard setback shall be allowed so long as the extension is not closer to the side property line and the extension does not exceed twenty-five percent of the existing structure length, including porches and architectural features but excluding decks.
Existing footprint and structure length shall mean the dimensions as they existed December 31, 1999.
B. A nonconforming structure may otherwise be enlarged, increased, or extended beyond the area it occupied as of the effective date of this Code, December 31, 1999, provided the Board of Zoning and Building Appeals, pursuant to the procedure set forth in Section 1203.06, finds all of the following:
1. The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets; and
2. The enlarged structure will cause no greater adverse impacts on surrounding properties than did the original conforming structure.
C. The nonconforming structure is not a structure that is the subject of listed "Uses By-Right" or "Conditional Uses" in Chapter 1205 that have a gross floor area limitation or that have a gross floor area limitation on Main Street in District 5.
(2) Damage or destruction.
A. If any nonconforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent of its fair market value prior to the damage or destruction, such structure shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning and Building Appeal, which may, if necessary, consult with a City-appointed appraiser.
B. If a nonconforming structure is damaged or destroyed, by any means, to the extent of fifty percent or less of its fair market value prior to the damage or destruction, no repairs or restoration shall be made unless commenced within six months and completed within twenty-four months of the date of the calamity. The determination of such reduced value shall be made by the Board of Zoning and Building Appeal, which may, if necessary, consult with a City-appointed appraiser.
(3) Relocation. Nonconforming structures shall not be moved for any reason or for any distance except to be brought into compliance with this Code.
(g) Nonconforming Lots of Record.
(1) Development permitted. Regardless of the area or width of a lot of record that legally existed as of the effective date of this Code, December 31, 1999, and subject to division (g)(2) of this section, such lot may be developed for any use permitted in the district in which the lot is located, provided, however, that where required setback, open space, density, or other requirements make development impractical, the Board of Zoning and Building Appeals may permit development to occur after granting specific variances.
(2) Consolidation required. If two or more lots or parcels are contiguous, in single and common ownership, and are of record as of the effective date of this Code, December 31, 1999, or amendments thereto, and if all or part of the lots or parcels with no principal structures thereon do not meet the minimum lot area requirements set forth in the applicable district regulations of this Code, then the lands involved shall be considered to be a single, undivided parcel for the purposes of this Code. No portion of such parcel shall be used or sold in a manner that renders compliance with the lot area requirements set forth in this Code less feasible, nor shall any division of any parcel be made that creates a lot with a width or area less than the requirements set forth in this Code.
(Ord. 18-93. Passed 10-15-19.)